Aldanish Rein v. Union of India & Anr.

Delhi High Court · 12 Jul 2019 · 2019:DHC:3326-DB
Manmohan; Sangita Dhingra Sehgal
W.P.(Crl.) 1871/2019
2019:DHC:3326-DB
criminal petition_dismissed

AI Summary

The Delhi High Court dismissed a habeas corpus petition based on hearsay regarding indefinite detention of foreign inmates, directing the petitioner to seek verification through the Legal Services Committee before judicial relief.

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W.P.(Crl.) 1871/2019 HIGH COURT OF DELHI
W.P.(CRL) 1871/2019
ALDANISH REIN ..... Petitioner
Through: Petitioner in person with Ms.Shamshravish Rein, Advocate.
VERSUS
UNION OF INDIA & ANR. ..... Respondents
Through: Mr. Vikas Mahajan, CGSC with Ms. Aakanksha Kaul, Mr. Aakash Varma, Mr. Prajesh V.S. and
Mr. Prabudh Singh, Advocates
Date of Decision: 12th July, 2019
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL
JUDGMENT
MANMOHAN, J: (Oral)

1. Present writ petition has been filed for issuance of a writ of habeas corpus against the indefinite detention of foreign inmates in Tihar Jail pending their deportation to their native countries.

2. The petitioner, who is a Jail Visiting Advocate, states that as part of the duty assigned to him by the Delhi High Court Legal Services Committee, he had visited Jail No.8/9, wherein an intimate told him on 04th July, 2019 that there are certain foreign inmates particularly belonging to Pakistan and Afghanistan who are languishing in jail for long 2019:DHC:3326-DB W.P.(Crl.) 1871/2019 years despite the fact that they have either been acquitted or have already served their sentences.

3. This Court finds that the present petition is based on hearsay. No attempt has been made to verify the facts intimated to the petitioner by the jail inmate. There is not even a representation to the jail authorities prior to the filing of the writ petition.

4. In fact, this Court is of the view that the facts mentioned in the present petition should have been brought to the notice of the Delhi High Court Legal Services Committee and if the said Committee finds the facts to be true, it should take appropriate steps.

5. Giving liberty to the petitioner to approach the Delhi High Court Legal Services Committee, the present writ petition stands disposed of. MANMOHAN, J SANGITA DHINGRA SEHGAL, J JULY 12, 2019 js